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Sexual harassment case before...Do I hire her?


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I am a office manager in an accounting office.

Today I interviewd a girl who fits the job. I contacted her refernces and former employers and one employer said that she is the type of person who would cry sexual harassment if she we're fired.

 

This puts a red flag up for me because me and my employees are casual and crack jokes, ect. I don't know if I should not consider her for the position because of this.

 

She is everything that we have been looking for......

 

dose anyone know what we can do to prevent this?

 

have to make a decision soon

 

thanks

 

Heather

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Has it just been once she has cried "sexual harassment" or has it been several times....once I can understand if someone really did do this or if her boss wanted to sleep with her and she declined so she lost her job.....but if it has been more than that I would keep on looking......or if you decide to hire her I would make it clear to all other employees to keep their boundries and not to crack jokes at her like that or else there could be drama...I say keep looking though to avoid problems all together! (let me guess she is a "knock out" but I bet there was a plump applicant with the same or better skills that hasn't even been considered...reason I say this is because it happens TOO many times)

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Sundaymorning

I would talk with her, talk about her to your superiors....but there are tons more people out there that want jobs....i would keep looking. Someone like that.....isnt worth the legal aspect of the job.

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HokeyReligions

She is everything you've been looking for except for that.

 

Could it be that the reference she used just didn't like her? Does she have a history of filing lawsuits? How were her other references? Can you call for more references and ask more specific questions?

 

Getting any kind of negative response from a former employer sends up red flags, but then again--I've been on the receiving end of a bad reference from someone who didn't even know me, they were just pissed that I had a better job than they did at the company and they answered the phone when someone called for a reference. But, the damage was done when they gave out a bad reference. I did file a complaint against that person for the bad reference and disiplinary action was taken with her.

 

Is there anyone else that would work for the position? What is your deadline for hiring somone? Can you keep interviewing?

 

You don't have to give a specific reason for not hiring her should anything come up at work. You can just say you received an unfavorable reference.

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soccorsilly

I own a small business and from my point of view--run.

 

First, the other employer had no business revealing that--but you can thank them for the indiscretion.

 

Certainly do NOT talk to her about it. If she hears you know it opens the other employer up to a slander or defamation of character suit which is a LOT easier to prove than Sexual Harassment.

 

Do not give a reason why she is not hired other than you found someone with credentials more suitable to the position (no lies there)

 

Let her go. If it looks like a duck, walks like a duck, and quacks like a duck...it probably is a duck.

 

She may hav a legitimate claim, but this is one area that can RUIN a company and I would prefer to not take the chance. There are other fish in the sea.

 

Cast the line again!

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See the movie DISCLOSURE, then re-think why you should hire this woman!! It's not worth the legal hassle like someone said above! Plenty of people need jobs, I'd skip this - if you can't see the blazing red flag...

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Was it only one of her ex co-workers who said that? and one out of how many?

It might be just dislike between the two of them.

If possible you should talk to this girl, find out if she has ever *actually*accused someone of sexual harassment and what were the circumnstances. Also, did you meet the former employer in person or did you talk to him/her on the phone?

He /she could be right or could be either a man who has the habit of making bad-tasted jokes who make women unconfortable, or a lady that is just jealous.

Rumors can ruin a person's reputation and career :(

If she is everything you have been looking for it might be worth it to investigate.

Meet her and trust your instinc/your first impression.

 

Also, even if she is the kind of girl who will cry sexual harassment as a way to retaliate being fired, since you are a woman yourself I doubt you should be really worried about it. That kind of pathetic stuff works better with male bosses.

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Not only was it inappropriate for her former employer to make that statement. It was likely illegal. She could sue and put the onus on the other company to prove that she was not defamed. The bigger issue is that you're concerned that she might claim harassment against your company because you're "casual and crack jokes, ect." That would indicate that you feel that there is a hostile environment, to some, within your company.

 

Hire a person for what you know about them, if they're qualified, not because of someone's opinion.

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Well, was it a reference who said that or her employer? You have to wonder if you happened to speak to the very person who allegedly harrassed her. And considering the a**h*** nature of the person telling you that, what if that person is extremely bitter towards her because she took action?

 

I think that, as a woman, you should definately think twice about passing her up because of it. We women need to have options in case something like that comes up in our lives! (Men do too, but you know...) Don't let her get black-listed without proper reason!

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Remember that if she did, down the line "cry sexual harassment", she would have to prove her case without any doubt. If she fits what you are looking for, then perhaps you ought to try her out. Her former employer should not have disclosed that information to you. Do not discuss this with your potential employee.

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WiseOldMan writes: Not only was it inappropriate for her former employer to make that statement. It was likely illegal. She could sue and put the onus on the other company to prove that she was not defamed. The bigger issue is that you're concerned that she might claim harassment against your company because you're "casual and crack jokes, ect." That would indicate that you feel that there is a hostile environment, to some, within your company.

 

Hire a person for what you know about them, if they're qualified, not because of someone's opinion.

 

Wise indeed! I only wish more employees and supervisors had your integrity and professionalism, WiseOldMan. It sure would make for happier work environments and employees across the board!

 

Personally, if her other references were good, I would be more likely to question the professionalism of the reference rather than the interviewer. It wasn't informative...it was downright tacky.

 

I must also agree with the later part of WiseOldMan's response. If one were confident in the professionalism of their own work environment, than any threat of “harassment charges” would be of no concern---regardless of whether the information received was accurate or contrived.

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bluechocolate

EnigmaXOXO

 

I must also agree with the later part of WiseOldMan's response. If one were confident in the professionalism of their own work environment, than any threat of “harassment charges” would be of no concern---regardless of whether the information received was accurate or contrived

 

I concur. The referee told you that she was the type of person who would cry sexual harassment if dismissed? So did she or not? Was there ever a case in the first place?

 

Surely there are guidelines and policies as to what constitutes cause for dismissal? If she ever did have to be dismissed I would hope that it was within those guidelines and therefore she can cry about anything she wants. It wouldn't matter one hoot. Also, does your company have a trial period? ie. in many countries you can fire someone in the first 3 months without showing just cause - that way you have a window to see how she fits in and does the job.

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The employer that said this is an aquatience of mine that's why he said it. he didn't say there was a case just said she's the "type" and he always had another person in the room with him when he had to be left alone with her.

 

Yes she is a pretty girl, she's young and outgoing, and it's hard to find a good bookkeeper that isn't .....dull ( sorry to stero-type)

 

I work in a relaxed enviorment, and around a lot of men, business owners and construction workers. Who are comfortable enough to joke around with me ( tell me jokes, about their girlfriends, wives, sometimes I point out hot chicks for them.. ect.)

 

I just am afraid to be out of the office and leave her there alone with that kind of "bad reference"

 

A Sexual Harassment hit would kill our good reputation of 25 years.

 

Going to sleep on it.......... thanks for all the advice.

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bluechocolate

The employer that said this is an aquatience of mine that's why he said it. he didn't say there was a case just said she's the "type" and he always had another person in the room with him when he had to be left alone with her.

 

Well, that's a bit different then. Do you value this referee's opinion? If so, then don't hire her. Sounds like the kind of environment where loose and open talk could be construed as harassment if a person is "sensitive" or has a prediliction (sp?) to those types of claims. I worked in a macho environment for years and it did take a certain type of person to cope with that - we lost more than one individual ( all women I'm afraid to say - and they chose to leave ) because of the language most people would use ( myself included ).

 

Good night.

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I think your fear is that you're afraid she won't be able to fit in your working environment and I think the concern is valid. In theory, people should do their jobs, be 100 percent professional and never make jokes with sexual innuendo. In reality, people are people. Boys will be boys. I'm not defending it, just pointing out fact. I think your concern is valid, and if you want to rationalize not hiring her you could do so on the grounds that you don't believe she'd fit in that kind of environment - based on what you know. It goes without saying that you keep that to yourself. Just tell her that you're still interviewing other candidates and that you'll be in touch.

 

That said, I think your organization would do well to review their practices and procedures and consider making some changes so that they are more sensitive to the modern workplace. The office is no longer a men's club; women are just as much a part of the workplace on all levels. Sooner or later, indiscretions are going to offend the sensitivities of your employees and you need to fix the problem before it becomes a problem. That's just good business.

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JessiNuemonic
Originally posted by stoneheather

The employer that said this is an aquatience of mine that's why he said it. he didn't say there was a case just said she's the "type" and he always had another person in the room with him when he had to be left alone with her.

 

Yes she is a pretty girl, she's young and outgoing, and it's hard to find a good bookkeeper that isn't .....dull ( sorry to stero-type)

 

I work in a relaxed enviorment, and around a lot of men, business owners and construction workers. Who are comfortable enough to joke around with me ( tell me jokes, about their girlfriends, wives, sometimes I point out hot chicks for them.. ect.)

 

 

Sometimes you point out 'hot chicks' for them??? Not to be rude, but I hope for her sake that you do not decide to hire her. It sounds like she wouldn't want to work there, anyway. I certainly wouldn't.

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Jessie

 

Yes I did hire her she stars Monday actually!

 

Whats wrong with me pointing out chicks for the guys,

it's not a big deal. Why do you have a problem with it?

 

LIGHTen UP!!

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It is sad that you would hire her over a DULL woman who cares she is not there for ANYONE'S ENTERTAINMENT!!! Isn't that like descrimination against ugly equally qualified people who probably have GOOD references if anyone bothered to check! It's people and companies like this that make me sick just cuz someone is "hot" or "cute" doesn't mean they have what it takes to suceed is it ever gonna come down to where someone can be judged on their ABILITY and NOT their LOOKS????

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Whats wrong with me pointing out chicks for the guys,

it's not such a big deal

 

 

I agree, and I think it shows a nice bit of self-confidence on your part.

 

To be honest, I don't know if I would have hired this woman. It's tough to make that call without being in your shoes and knowing all the details though. You've been given fair warning though, and if you do start to notice that she is having some issues, be quick to address them and make sure everyone involved is clear on how to act, and how not to act.

 

Sounds like you work in the A/P department of a construction firm, or something like that. If so, it's an environment I'm familiar with, and it's probably not going to change anytime soon into a politically correct Utopia...and that's probably a good thing in some regard.

 

But it does mean that you'll need to watch how she reacts to situations, and if you feel that she may not be able to fit in - I would opt on the side of safety and let her go.

 

I've been in situations like this before, and I choose to give the person in question another chance, and that came back to haunt me.

 

If she works out great. If not, get rid of her before she can do damage.

 

$0.02

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Mitz-

 

Sounds like a lot of people have some insecurity issues!

 

she can't be dull because I and other's have to work in the same little office 50 hours a week, and we want to be able to get along with the person we hire.

 

and I am more than qualified at my job Don't challenge me!

 

No ugly people applied just to let cha know!!

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No ugly people applied just to let cha know!!

 

Ah....to live in South Florida....man oh man.....

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ok then my apologies if no one "ugly" applied then that's good....I took "dull" in the wrong way...yes out going is important when working in customer service or in an office setting.....

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virginia70065

I remember when I was in high school. The dull, homely ones were left out of everything. The cute, bouncy-tittied cheerleaders were SO popular! Oh my GAWD they ruled the school!

 

Then college came along (for some) and evened the playing field out a bit. Now, brains had to count for something. You graduate, and get a job where they appreciated you for what you learned, no matter what you looked like or what your personality is. You come to work, punch your time card, get to your work position and work. If you're a talker and like to socialize, well hey! that's great! (Assuming that your office manager allows for this, that is.) But if NOT--you're shy, you're quiet, or you just don't socialize at work--it should be okay, shouldn't it? SHOULDN'T IT?

 

Apparently not in all businesses. The high-school mentality (and educational skills) still are in place, the in-crowd not wanting the gasp! DULL one to be around. Hm. I'm glad it's not like that in our office. We have the yakker, the party animal, the "dull" one (very bright, but very quiet and doesn't say much), etc. etc. And we couldn't do without our quiet one because she does what she does the BEST. And yes, we do include her when we make plans or goof around at work--sometimes she joins us, sometimes she just smiles and looks down at her desk.

 

Because we ALL graduated from high school YEARS ago and left all of that isolationism behind us.

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